No Smoking - Ban Date Set
The government has announced that smoking will be officially banned in all workplaces and enclosed public places from 1st July 2007. All UK offices, factories, shops, restaurants and membership clubs will become smoke free. The regulations will also cover any work vehicle used by more than one person.
There will be a very limited number of exemptions to the ban. For example hotels, care homes and prisons will be able to have designated smoking rooms. For all other businesses, however, it will no longer be enough to provide a designated smoking area or room, as there will be a complete ban on smoking in enclosed areas.
So, what does this mean for your business, and what action will you need to take?
- Implement or update a smoking policy. The policy should protect smokers from persecution and offer them help to give up. It should also cover the possible consequences for smokers who breach the ban, as well as procedures for smokers to follow with regard to taking cigarette breaks. Disciplinary guideline may also need updating to reflect the fact that a breach of the ban would be a disciplinary offence. It is important to note that the employer can't 'turn a blind eye' - this will be an offence in itself and could be liable to a fine of up to £2,500.
- You will be under a legal obligation to display no smoking signs prominently, as the very minimum at each public entrance to the premises. These need to satisfy certain specifications in respect of size, symbols and wording. There will also be a requirement for at least one sign in vehicles covered by the legislation. It will be an offence to not display these signs, and this could result in a fine of up to £1,000.
- It will become a criminal offence to smoke in a smoke free place. This is going to be liable to a fixed penalty notice of £50.
- Cigarette breaks are still up to the individual employer, but all employees will now be required to smoke outside. There is no obligation on the employer to provide any kind of shelter, although it is advisable to make sure that if there is a designated area outside it is safe and well lit.
The bottom line: every employer will need to do something - if only to put up No Smoking signs in the right places. Employers with smoking rooms or vehicles which are shared by smokers and non smokers have more to do. The earlier you review your current position and start taking action the more smoothly you will be able to implement the changes.
If you would like any further advice or guidance please contact Vicky on 01494 451681 or e-mail vicky@hradvantage.co.uk.
December 2006
